Fixed-Term Leases: Tenant Tips for Germany
Many tenants in Germany encounter fixed-term leases, whether for subletting, step rent offers or a fixed-term tenancy. This guide explains clearly when a fixed-term lease is legally permissible, what duties landlords and tenants have and how you as a tenant can avoid pitfalls. You will learn which clauses are particularly critical, how to check deadlines and refund arrangements and which steps are possible at the end of the contract. Practical case examples show typical formulations and appropriate reactions, such as raising objections, rent reduction or timely termination. At the end you will find a short guide for the course of action as well as references to official statutes and courts in Germany. Read on for practical checklists, sample wordings and advice on going to court or settling out of court.
When are fixed-term leases permissible?
Fixed-term or term leases are generally possible in Germany, but must be legally justified under tenancy law. It is decisive whether the landlord states one of the legally recognized reasons for the fixed term or whether both parties agree on a fixed-term lease by mutual consent. The provisions of the Civil Code are relevant for the rights and obligations of landlord and tenant.[1]
What should tenants pay special attention to?
Before signing, carefully check these points:
- Exact contract duration and start date.
- Concrete reasons for the fixed term or a contractual agreement.
- Provisions on rent increases, utilities and deposit.
- Agreements on early termination or extension.
Rights regarding defects and repairs
Even with fixed-term contracts, the landlord's basic duties to maintain and ensure the usability of the flat apply. Reports of defects should be documented in writing and deadlines should be set. Photos and a defect log help in later disputes.
What to do at contract end or in a termination dispute?
If a fixed-term contract ends automatically, the tenant must vacate the flat on time, unless otherwise agreed. In case of unclear clauses or conflicting statements, you should first send a written inquiry to the landlord and, if necessary, obtain legal advice. Court proceedings on eviction or payment claims are usually heard at the local court.
Common clauses and how to evaluate them
Typical clauses concern options to extend, step rents or early termination for owner occupation. Check whether formulations are unclear or impose disproportionate obligations on the tenant. Unclear or surprising clauses may be ineffective in individual cases.
FAQ
- Can a fixed-term lease be terminated early?
- Only if an early termination is agreed in the contract or a legal reason for termination exists; otherwise the contract ends when the agreed term expires.
- What role does owner occupation play as a reason for a fixed term?
- Owner occupation can justify a fixed term, but it must be specified and comprehensible.
- Which court do I turn to for an eviction suit?
- Eviction suits and many tenancy disputes are heard at the competent local court (Amtsgericht).
How-To
- Read the contract carefully and note all deadlines.
- Ask the landlord in writing about contradictions or unclear clauses.
- Take photos of defects and set a deadline for the landlord to remedy them.
- Seek advice in case of dispute and, if necessary, prepare a claim at the local court.[2]
Key practical tips
- Keep emails and signed letters safe.
- Note dates for deadlines and refunds.
Help and Support / Resources
- Civil Code (BGB) – gesetze-im-internet.de
- Code of Civil Procedure (ZPO) – gesetze-im-internet.de
- Federal Court of Justice (BGH) – bundesgerichtshof.de
